Distress for Rent Act 1862 (SA)

ANMO VICESIMO QUINTO ET VICESIMO SEXTO

No. 14.

Ale Act for regdating the SuZe of Goods &strained for Rent.

[Assented to, 21st October, 1862.1

HEREAS it is desirable to settle certain doubts which exist Preamble.

W as to the lam of distress for rent in arrear h the Province	of South Australia, and to make better provision for the sale of
goods distrained for rent---Be it therefore declared and Enacted by the Govexnor-in-Chief of the said Province, with the advice and consent of the Legislative Council and House of Assembly of the said Province, in this present Parliament assembled, as follows:

1. An Act made and passed in the first Session of the second A plioabilityof it Wm. and Mary

year of the reign of their Majesties King William the Third and	I,, cap, 6.
Queen Mary, intituled '' An Act for enabling the sale of goods distrained for rent, in case the rent be not paid in a reasonable
time," has been, ever since the foundation of the said Province,
and still is in force in the said Province, and part of the law thereof; and wherever in the said Act the Sheriff' of the County is mentioned the same shall, so far as may concern any distresses hitherto levied in the said Province, be held to mean the Sheriff or Deputy Sheriff of the said Province.

2. The said Act shall no longer apply to the said Province, but he said A C ~ not

any proceedings already commenced under the said Act shall and	h
may be continued and completed under the provisions hereinafter contained: Provided always that nothing herein contained shall affect the rights or remedies of any person or persons with respect to anything heretofore done or omitted to be done under color of the said Act.

P 3. VSrbere

Dh~e'm~beNold~	3. Where any goods or chattels shdl be distrained for any rent reserved and due upon any demise or contract whatsoever, and the same goods or chattels shall not be replevied within five days next after' notice of the taking of such distress, with the cause of such taking, shall have been left at the dwelling-house or other most notorious place on tllc premises charged with such rent, in every such case. after such distress and notice, and expiration of such five days, cvcry pcrsou so distraining may, subject to the provisions hereinafter contained, sell the goods and chattels distrained for the best price that can be reasonably gotten
for the same.
8ale must be by
auction.	4. The sale of any p o d s and chattels distrained as aforesaid, shall be by public auatlon, of wllich Fill and reasonable notice shall be given; and such salc may, with the written consent of the owner, be made by tlls bailiff levying such distrcss, provided no licensed auctioneer is resident within ten miles of the place wberc the diatress is levied.

D i ~ ~ ~ ~ ~ o f ~ r o c e e a a

5. The proceeds of any such sale shall be applied in or towards satisfaction of thc rent for which the distress shall have been made, and of the clwges of wch distress, and sale, and the ovcrpl~~s (if m y ) of sucl?proceeds shall %e lmid into the hands of the Sheriff o f V t h said ~ G v i n c e or his ~ e p k y, or the Clcfk of the Local Court nearest to the place where such distress is levied, for the use of the owner or owners of the goods and chattels sold.

of sale,

Corn loose, &c. 6. Any person or persons, iraving rent in arrcay and due upon any

&,-,,{// such demise or contract as aforesaid, may seize and secure any

&L- sl-e:ms or cooks of corn, or corn loose or in the straw, or hay

< f S. y i r c l y i n g or being in m y barn, granarv, hovel, stack, or rick, or

I / otherwise upon nnv part of the Inxd chirged with t l ~ e said rent, and

V

may lock G or dc&n thc same in the p1:w.x where the same &all

be found, for or in the nature of n distress, until the same shall be

lawfully replevied, and in default of replevying the mm(: within the time aforesaid, may sell the same, subject to the prol~isions here-

not removed by the person or persons distrdning, to the damage	inbefore cont~ined; so as such corn, grain, or hay so distrained be
of tbe owner thereof, out of the place where the samc shall be found and seized, but he kept there (as impoun2et.d) until the same shall be replcvicd or sold as aforesaid.

Reble dsmagn	7. Upon any pound breach, or rescue of goods or chattels dis- trained fur rent, the person or persons gricved thereby shall, in a special action upon the case, for the wrong thereby sustained, recover his and their treble damages a,nd costs of suit against the offender or offenders, any or ei&er of them, or against the owner or owners of the g o d s distrained, in case the same be afterwards found tn have come to his or their use or pussession.
pound breach.
Double damage8

against wrongful 8. In case any distress and sale as aforesaid has been, or shall

distrainer be

be made for rent pretended to be in arrear and due where in truth no rent is in arrear or due to the persori or persons distraining, or to him or them in whose name or names, or in whose right such distress shall be taken; then the owner of the goods or chattels so distrained and sold, his executors or administrators shall and may, by action of' trespass, or upon the case to be brought against the person or persons so distraining, any, either of them, his or their executors, or administrators, recover double of the value of the goods or

clmttels so distrained and sold, together with full costs of suit,

9. This Act may be cited as "The Distress for Rent Act, 1862." Shorttit~e*

In the name and on behalf of the Queen I hereby assent to

this Act.

D. DALY, Governor.

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Addaide : Printed by authority, bp W, C. Cox, Goyernment Printer Victoria-square.